[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22076-22077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9539]
[[Page 22076]]
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DEPARTMENT OF AGRICULTURE
Forest Service
Bussel 484, Idaho Panhandle National Forests, Idaho, Shoshone
County
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplemental environmental impact
statement.
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SUMMARY: The USDA Forest Service will prepare a supplemental
environmental impact statement (SEIS) for the Bussel 484 Project. The
Notice of Availability of the Draft EIS for the Bussel 484 Project was
published in the Federal Register (73 FR 12413) on March 7, 2008, and
the notice for the Final EIS (73 FR 24279) was published on May 2,
2008. The Record of Decision (ROD) for this project was signed on May
21, 2008. It was administratively appealed to the Regional Forester per
36 CFR part 215. The Regional Forester affirmed the decision on July
31, 2008. A complaint was filed in the United States District Court for
the District of Idaho on April 9, 2009. On August 6, 2010 the United
States District Court for the District of Idaho set aside the Bussel
484 decision and remanded it to the Forest Service. The proposed action
is unchanged from the final EIS. A supplemental EIS will be prepared to
address analysis for wildlife, fire management direction, recently
designated critical habitat for bull trout, and newly designated
Sensitive species.
DATES: Scoping is not required for supplements to environmental impact
statements (40 CFR 1502.9(c)(4)). There was extensive public
involvement in the development of the proposed action, the 2008 Draft
EIS, and the 2008 Final EIS. The Forest Service is not inviting
comments at this time. The draft supplemental EIS is expected May 2011,
and the final supplemental EIS is expected July 2011. The comment
period for the draft SEIS will be 45 days from the date the EPA
publishes the notice of availability in the Federal Register.
ADDRESSES: St. Joe Ranger District, 222 South 7th Street, Suite 1, St.
Maries, Idaho 83861.
FOR FURTHER INFORMATION CONTACT: Wade Sims, District Ranger, USDA
Forest Service, St. Joe Ranger District, 208-245-2531. Individuals who
use telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The Forest Supervisor selected Alternative B
with modifications as documented in the May 2008 Bussel 484 Record of
Decision (ROD). The ROD authorized approximately 2,137 acres of timber
harvest, fuel treatment resulting from the timber harvest, tree
planting in regeneration harvest units, pocket gopher control, 575
acres of precommercial thinning which also included 309 acres of white
pine pruning, approximately 4.5 miles of system road construction on
National Forest System lands, 0.2 miles of road construction across
lands owned by Potlatch Corporation as part of a cost-share agreement,
0.5 miles of temporary road construction, 5.4 miles of road
reconstruction, installing effective motorized vehicle restriction
devices thorughout the project area, removing a gate, 0.2 miles of new
trail construction for motorized vehicles less than 50 inches wide, the
conversion of Bussel Creek Trail 258 to non-motorized use, designation
of Lines Creek Historical Trail for motorized vehicles less than 50
inches wide, repair and designation of 2.9 miles of the Norton Railroad
Grade for motorized vehicles less than 50 inches wide, storage or
decommissioning of approximately 32 miles of existing road, planting
native trees and shrubs along riparian areas, large woody debris
placement in stream channels, elimination of two human-created fish
migration barriers, and reallocation of approximately 120 acres of
Management Area 9 to Management Area 1. The supplemental EIS will
contain additional information about wildlife, fire management
direction, recently designated critical habitat for bull trout, and
newly designated Sensitive species.
The mailing list for this project will include those individuals,
agencies and organizations on the mailing list for the March 2008 Draft
EIS. The comment period for the draft SEIS will be 45 days from the
date the EPA publishes the notice of availability in the Federal
Register. The Idaho Panhandle National Forests Supervisor will make a
decision on this project after considering comments, environmental
consequences, and applicable laws, regulations, and policies.
Purpose and Need for Action
The project is needed to maintain or improve resilience of the
vegetative resources to disturbances such as insects, disease, and
fire; provide wood products for local communities; work toward full
support of designated beneficial uses in the Bussel Creek Watershed;
and manage access to provide for multiple uses.
Proposed Action
The proposed action as described in the FEIS includes timber
harvest and associated fuels treatment on approximately 2,137 acres;
approximately 5.1 miles of system road construction, 0.5 miles of
temporary road construction, and 6.7 miles of road reconstruction to
facilitate the timber harvest; repairing the Norton Creek Railroad
Grade then designating it open to vehicles less than 50 inches wide; 29
miles of road decommissioning and storage; 367 acres of planting after
timber harvest; 367 acres of pocket gopher control; 821 acres of
precommercial thinning and pruning; changes in access management
including installing effective restrictive devices on some roads,
removing a gate, constructing 0.2 miles of new trail for ATV use,
converting Bussel Creek Trail 258 to non-motorized use, designating
Lines Creek Historical Trail for motorized vehicles less than 50 inches
wide; planting some portions of riparian areas; placing large woody
debris in streams; and correcting two fish migration barriers.
Responsible Official
The Forest Supervisor of the Idaho Panhandle National Forests is
the Responsible Official.
Nature of Decision To Be Made
The decison for the Bussel 484 Project will identify the land
management activities to be implemented in the project area including
acres, types, and locations of vegetative treatments including timber
harvest, fuel treatments, planting, and precommercial thinning; acres
of pocket gopher control to protect regeneration; miles and locations
of road construction, reconstruction, storage, and decommissioning;
changes for public motorized access; areas and locations to place large
woody debris in streams, and methods to correct fish migration
barriers. The SEIS is intended to provide additional evaluation of
wildife, the Idaho Panhandle National Forests' fire management
direction, recently designated critical habitat for bull trout, and
newly designated Sensitive species and provide that information to the
public.
Scoping Process
Scoping is not required for supplements to environmental impact
statements (40 CFR 1502.9(c)(4)). There was extensive public
involvement in the development of the proposed action, the 2008 Draft
EIS, and the 2008 Final EIS. The Forest Service is not inviting
comments at this time.
[[Page 22077]]
Comment Requested
The comment period on the draft environmental impact statement will
be 45 days from the date the Environmental Protection Agency publishes
the notice of availability in the Federal Register.
The Forest Service believes, at this early state, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's positions and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion the final environmental impact statement may be
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the 45-day comment period so that
substantive comments and objections are made available to the Forest
Service at a time when it can meaningfully consider them and respond to
them in the final environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
Dated: April 13, 2011.
Ranotta K. McNair,
Forest Supervisor.
[FR Doc. 2011-9539 Filed 4-19-11; 8:45 am]
BILLING CODE 3410-11-P